R v Milakovic

The appellant, Milakovic, was convicted of various criminal offences following a trial in the Supreme Court of Victoria. He appealed against the refusal of the trial judge to allow cross-examination of a witness. The issue before the court was whether the refusal of the trial judge to allow cross-examination of a witness was an adverse determination of a question of law with respect to the admissibility of evidence, within the meaning of section 5F(3A) of the Criminal Appeal Act 1995 (Vic). The court considered whether the refusal to allow cross-examination constituted a ruling on the admissibility of evidence.

The court concluded that the refusal by the trial judge to allow cross-examination of a witness was not a ruling on the admissibility of evidence within the meaning of section 5F(3A) of the Criminal Appeal Act 1995 (Vic). The court found that the refusal did not determine the admissibility of evidence but was rather a ruling on the manner and extent of cross-examination. The court held that the trial judge's decision did not constitute an adverse determination of a question of law with respect to the admissibility of evidence, and therefore the appeal was dismissed. The decision of the trial judge to limit cross-examination was upheld.

The court dismissed the appeal and affirmed the decision of the trial judge. The conviction of the appellant was upheld, and no further appeal lies to the Court of Appeal. The court's decision clarifies the scope of section 5F(3A) of the Criminal Appeal Act 1995 (Vic) and provides guidance on the circumstances in which an interlocutory appeal may be brought from a decision of the trial judge.